Criminal Liability Of State-Owned Insurance Company Officials In The Issuance Of A Counter Bank Guarantee For The Kertajati Airport Project Resulting In State Financial Losses A Study Of Supreme Court Decision Number 891 K/Pid.Sus/2022

Abstract

State-Owned Enterprises (SOEs) play a strategic role in managing separated state assets; therefore, any deviation in decision-making by their officials may result in state financial losses. This study examines the construction of state financial loss and the criminal liability of state-owned insurance company officials in the issuance of a counter bank guarantee for the Kertajati Airport project that was not carried out in accordance with applicable procedures. The research employs a normative legal method with a descriptive-analytical approach, using statutory and case approaches. The findings indicate that state financial loss must first be construed through state administrative law, namely the State Finance Law and the State Treasury Law, which require the loss to be actual and definite in amount and causally linked to unlawful acts, while the authority to assess and determine such loss primarily rests with the Supreme Audit Board pursuant to Supreme Court Circular Letter Number 4 of 2016, with audits by the Financial and Development Supervisory Agency serving a supporting function. Criminal liability is based on elements of fault and state loss, as affirmed in Supreme Court Decision Number 891 K/Pid.Sus/2022, which declared the defendant legally and convincingly guilty.